Saturday, June 20, 2009

Gamez sentenced to 6 years

Twin brother still faces murder trial

Gerald Garner Jr. El Defensor Chieftain Editor

A Socorro teenager — who along with his two brothers killed a New Mexico Tech student — pleaded guilty to voluntary manslaughter Friday.

Nineteen-year-old Rafael Gamez stared straight ahead as District Judge Edmund "Ted" Kase III accepted a plea agreement and sentenced the Socorro teenager to six years in prison for his role in the beating and stabbing death of Garrett Joe. Gamez must also make restitution to Joe's family.

Gamez originally faced an open count of murder and two counts of tampering with evidence for his role in the June 5, 2008 death of Joe — a 22-year-old New Mexico Tech student.

This week's plea deal — brokered by the Seventh Judicial District Attorney's office and defense attorney Jeff Buckles — saw Rafael Gamez avoid prosecution on those charges. Gamez — along with his twin brother, Jose, and older brother Manuel Gamez Jr. — beat Joe during a three-on-one altercation at Socorro's Clarke Field. The trio left the park before returning later to retrieve Rafael's eyeglasses. Rafael discovered Joe still in the park and proceeded to hit him in the head with a metal wrench.

Joe died a short time later.

Terms of the deal left sentencing to the discretion of District Judge Edmund "Ted" Kase III. Before the judge passed sentence, he invited Joe's mother, Bernice Etsitty, to address the court.

"Out of respect I'm here to tell you that Garrett had every right to live. Garrett was my only son and we worked hard together for him to better his life — he passed his GED and helped others in Crownpoint do the same," Etsitty said. "He was pursuing his education at New Mexico Tech in civil engineering so he could live out his dream of building skateparks for other youth.

"Your honor, I trust you to make the best decision on this plea deal," Etsitty continued while choking back tears. "I want better things to come from this because my son wanted to make this world a better place for other kids."

Kase, who called Joe's death a "tragic case," said he wanted to bring closure to Joe's family.

"This is not fair to the family," Kase said before accepting Gamez' guilty plea.

Following Friday's proceeding, Etsitty said she's disappointed with the state's legal system.

"It was hard to sit in that courtroom — this hasn't been easy for me," Etsitty said. "How can I or anyone else fight the law when New Mexico's laws are so weak? I just have to put this behind me and try to find closure.

"My son was a smart, intelligent young man who wanted to do well for other kids," she continued. "We have all lost with my son's murder ... he deserved to live."

Etsitty said she hoped for a second-degree murder conviction for Rafael Gamez.

"Now I have to start preparing for Jose's trial," she concluded.

Seventh Judicial Assistant District Attorney Stacey Ward said she was surprised that a sentence was handed down on Friday.

"We really only expected to deal with a change of plea today," Ward said. "This is the outcome we hoped for as we were left with no medical evidence that Rafael's actions led to Garrett Joe's death. There was no evidence he knew his brother (Jose) had a knife nor was there evidence that he would use the knife."

Ward said had Rafael faced trial, acquittal was a possible outcome.

"It would have been a fluke, but these things happen," she noted.

Jose Gamez to Face Murder Trial

Jose Gamez is set to stand trial on August 3 on an open count of murder and two tampering with evidence charges for his role in Joe's death.

Jose Gamez is accused of stabbing Joe during last year's altercation.

Like his brother, Jose Gamez was presented with a proposed plea agreement, Ward said.

"Jose turned down a plea deal so we'll proceed to trial full force," said.

Manuel Gamez Jr. and the boys' mother, Jennie Gamez, 50, will soon be sentenced for their involvement in the killing. Earlier this year, Manuel Gamez pleaded guilty to aggravated battery and tampering with evidence while Jennie Gamez pleaded guilty to a single count of tampering with evidence.

A sentencing date had not been scheduled as of Chieftain press time Friday.

ggarner@dchieftain.com

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